RUBEN MENDEZ AND WIFE NORA MENDEZ A/K/A NORA ELIA MENDEZ v. A.L. LEE HONEA, INED AND D/B/A SPRINGFIELD CONSULTING AND CONSTRUCTION--Appeal from 92nd District Court of Hidalgo County

State: Texas

Court: Texas Northern District Court

Docket No: 13-05-00533-CV

Case Date: 03/30/2006

Plaintiff: RUBEN MENDEZ AND WIFE NORA MENDEZ A/K/A NORA ELIA MENDEZ

Defendant: A.L. LEE HONEA, INED AND D/B/A SPRINGFIELD CONSULTING AND CONSTRUCTION--Appeal from 92nd District C

Preview:Jose Luis Morales v. The State of Texas--Appeal from
186th Judicial District Court of Bexar County
No. 04-02-00102-CR
Jose Luis MORALES,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 1994CR0702
Honorable Pat Priest, Judge Presiding
PER CURIAM
Sitting: Phil Hardberger, Chief Justice
Alma L. L pez, Justice
Catherine Stone, Justice
Delivered and Filed: May 29, 2002
DISMISSED FOR LACK OF JURISDICTION
Jose Luis Morales ("Morales") seeks to appeal his felony conviction based on a plea of guilty. The punishment
assessed did not exceed the punishment recommended by the prosecutor and agreed to by Morales. To invoke the
court's jurisdiction over this appeal, rule 25.2(b)(3) requires that the notice of appeal specify that the appeal is from a
jurisdictional defect, specify that the substance of the appeal was raised by written motion and ruled on before trial, or
state that the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3). Although Morales's notice of appeal
indicates that the trial court granted permission to appeal, the trial court expressly stated on the record at the plea
hearing, "I have honored your plea agreement and do not consent to an appeal." In order to invoke this court's
jurisdiction, the allegations in the notice of appeal must be true. See Ross v. State, 931 S.W.2d 633, 634 (Tex. App.--
Dallas 1996, no pet.). Because the trial court did not grant permission to appeal and Morales's notice of appeal does not
otherwise meet any of the requirements of rule 25.2(b)(3), our jurisdiction has not been properly invoked, and the
appeal is dismissed for lack of jurisdiction. See White v. State, 61 S.W.3d 424, 428 (Tex. Crim. App. 2001). PER
CURIAM
DO NOT PUBLISH
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